[senco-forum] variations in LEA statementing policy, how to cope!

Hi Kate -- Don't get me wrong -- I'm an ex teacher and understand your conflicts. It's parents have the most power -- they just have to be (discreetly) supported.

If the former LA turned down a "statement" request -- I take it this means they refused a request for a statutory assessment? That is the route to getting a statement issued.

If it is less than 2 months since that request was refused in writing, setting out parents rights to appeal to the SENDIST (there is no legal appeal redress directly via the LA although they can be "asked" to reconsider) then I advise parents to lodge a SENDIST?appeal immediately.

So -- to repeat -- If parents are in an appeal situation -- I advise they lodge a sendist appeal now. When they move address -- the new home LA takes over the defence of the appeal (I take it this is your LA). The newly responsible LA?can then concede if they take a different view from the previous LA and proceed with a statutory assessment straight away in September. It takes a maximum of 6 months for a statement to be issued -- but can be much sooner if LA are minded to act for the best.

And, if the parents appeal is lodged now (in August) the time limits for the appeal process start ticking from Sept. 3rd. This will mean the hearing will occur much sooner than if parents wait to make a further statutory assessment request. And further requests cannot be made within a 6 month period of a previous one. 

So the parents actions at this stage are quite crucial -- depending on the stage of?the process within the SEN legal framework they are they are currently at.?

It's impossible to give accurate advice on this forum 3rd hand. I repeat my advice -- Parents are advised to ring IPSEA asap -- their free phone line?phone line is active during August. Details on the IPSEA website. If you're in touch with parents pass this advice on.

Best of Luck Brendan King

-----Original Message-----
From: Kate Barnes <kate.senrab at btinternet.com>
To: lk s <lks1985 at hotmail.com>
CC: 'senco forum' <senco-forum at lists.becta.org.uk>; kngbrndn at aol.com
Sent: Sat, 11 Aug 2007 10.52pm
Subject: Re: [senco-forum] variations in LEA statementing policy, how to cope!

Brendan/iks

thanks for the technical advice, it always helps to have the legal situation clarified. Unfortunately,as an employee of one of the many LEAs who runs this sort of system, I have to choose which battles to fight, I am unlikely to change LEA policy, but I can try and secure provision for the most vulnerable of the children I teach. 

My current case of the Y6 lad is runnung out of time. I have not yet received paperwork because of holidays. The second request for statement was refused on July 16th. 

His current school expected it to be turned down, as their SENCo is v experienced and has served on various panels....

Parents could not see the point in appealing to the LEA they were just about to leave. With hindsight maybe I should have pushed this.....?

My LEA are sympathetic, but? there is no Statement for them to honour and until the child arrives they cannot begin SAssessmt.

Our Reintegration service are also sympathetic, but they cannot become involved unless the child is "awaiting a statement" which technically he wont be until I submit ST Ass form, complete with EP reports etc....However ?fast I?do this, resources are not going to be available when he needs them most - on day 1 in Sept.

Despite all your advice, I cannot see who I or parents could appeal to at this stage.

Kate

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